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2024 Supreme(Guj) 531

SANDEEP N. BHATT
Jadeja Navalba Satubha Since DECD. – Appellant
Versus
Parvatiben Trikamdas Thacker – Respondent


Advocates Appeared:
For the Appellants : Mr. Mrugesh A. Barot.

ORDER :

1. This Second Appeal is filed under Section 100 of the Code of Civil Procedure, 1908 (`CPC’ for short) being aggrieved and dissatisfied with the judgment and decree dated 22.11.2023 passed in Regular Civil Appeal No.145 of 2019 passed by the learned 8th Additional District Judge, Bhuj at Kachchh whereby the appeal preferred by the appellants herein was dismissed and the judgment and decree dated 25.10.2019 passed in Regular Civil Suit No.27 of 2009 by the Additional Civil Court, Mandvi-Kutchch, wherein the suit of the appellants was dismissed, was confirmed.

2. The appellants preferred the suit for recovery of possession of the suit land R.S.No.159 of village Mota Goniyasar, Dub-district Mandvi-Kutch and also for cancellation of registered sale deed dated 25.03.1996 stating it as null and void by stating that the suit land was ancestral land of the plaintiff as the status of Inamdar; that the suit belonged to plaintiffs’ ancestor Jadeja Dungarji Sabraji and Deshalji Ganda and it was placed under mortgage before Joshi Shivji Vaghaji in Vikram Samvant 1947 Kartak Sud 7th by Ruparibai, the suit land was further sold out with mortgage by the heirs of Joshi Shivji Vaghaji before

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